How to Send a Legal Notice

  • How to Send a Legal Notice

    Date : 21-03-2018 15:38

    Unfortunately, almost everyone has to send a legal notice in their lifetime, despite all efforts to maintain cordial relationships in every business or personal relationship. They can be sent for a variety of reasons, but in every case, it is the first declaration that a person is going to take legal action to right a wrong as recognized by the law. In civil cases, it is mandatory to send a legal notice first before approaching the courts.

    Drafting a legal notice

    It is recommended that one gets help from a qualified lawyer with experience. The legal notice will be amongst the first few papers that will be filed in court at the time of litigation and therefore it must contain all the facts that are intended to be brought before the court. Therefore this legal notice has to be drafted, keeping in mind that the court will look at it first to study the ground on which the action is being brought.

    A qualified lawyer will ensure that the facts are encapsulated in a manner that complies with the Civil Procedure Code and its requirements on drafting. The legal notice is no place for one to expose the emotions that may be felt or let loose a torrent of blame and shame. There is no place for such emotional outbursts in the courtroom and those parts of the notice might be struck from record or objected to and removed. The notice once it is sent, cannot be changed at the time of submission. It forms the basis for the case and is immovable.

    The notice must have

    1.  A concise accounting of the facts of the matter that are leading to the action and claim

    2. The relief that is sought to be obtained

    3. The jurisdiction and the laws that the case is being brought under

    The Physical Sending of the Notice

    The notice itself must be sent vide R.A.P.D or Registered Post. This way there is proof that it has been delivered, or not. This is necessary because at the time of applying, the complainant must be able to prove that all action was taken on his/her part to deliver the notice to the defendant.

    More often than not, the legal notice itself gets parties to common table to get their grievances aired out and to try and come to a compromise. But just in case, the notice is not enough, the complainant needs to ensure that at the time of going to court, it is a strength and not a liability in his hands.

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